CHAPTER 162. SUPERVISION OF MEDICAL SCHOOL STUDENTS
The Texas Medical Board (Board) adopts amendments to Chapter 162, §162.1, concerning Supervision of Medical Students, without changes to the proposed text as published in the May 1, 2009, issue of the Texas Register (34 TexReg 2668) and will not be republished.
The Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rule at a meeting held on October 29, 2008. The comments were incorporated into the proposed rule.
The amendment clarifies the intent of the amendment previously adopted based on Stakeholder input, which became effective on March 9, 2009. The Board determined that the revised language was necessary based on questions received regarding interpretation.
The Board received no public written comments and no one appeared to testify at the public hearing held on May 29, 2009.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide authority for the Board to adopt rules and bylaws as necessary to govern its own proceedings, perform its duties, regulate the practice of medicine in this state, enforce this subtitle, and establish rules related to licensure.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 4, 2009.
TRD-200902225
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Effective date: June 24, 2009
Proposal publication date: May 1, 2009
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts amendments to Chapter 165, §165.3, concerning Patient Access to Diagnostic Imaging Studies in Physician's Office, without changes to the proposed text as published in the May 1, 2009, issue of the Texas Register (34 TexReg 2669) and will not be republished.
The amendment expands the rule to include non-static diagnostic imaging studies and imaging studies that are maintained in electronic format.
The Board determined that the rule change was necessary to clarify the definition of diagnostic imaging studies for the purpose of releasing such records to requestors for medical records.
The Board received no public written comments and no one appeared to testify at the public hearing held on May 29, 2009.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide authority for the Board to adopt rules and bylaws as necessary to govern its own proceedings, perform its duties, regulate the practice of medicine in this state, enforce this subtitle, and establish rules related to licensure.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 4, 2009.
TRD-200902226
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Effective date: June 24, 2009
Proposal publication date: May 1, 2009
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts amendments to Chapter 173, §173.1, concerning Profile Contents, without changes to the proposed text as published in the May 1, 2009, issue of the Texas Register (34 TexReg 2670) and will not be republished.
The Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rule at a meeting held on October 29, 2008. The comments were incorporated into the proposed rule.
The amendment requires that the profile of each licensed physician shall contain the physician's full name as the physician is licensed. The Board determined that the change was necessary to allow the Board to appropriately track all physicians licensed by the Board rather than allowing physicians to identify themselves under multiple names when submitting documents to the Board.
The Board received no public written comments and no one appeared to testify at the public hearing held on May 29, 2009.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide authority for the Board to adopt rules and bylaws as necessary to govern its own proceedings, perform its duties, regulate the practice of medicine in this state, enforce this subtitle, and establish rules related to licensure.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 4, 2009.
TRD-200902227
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Effective date: June 24, 2009
Proposal publication date: May 1, 2009
For further information, please call: (512) 305-7016
SUBCHAPTER B. VIOLATION GUIDELINES
The Texas Medical Board (Board) adopts amendments to Chapter 190, §190.8, concerning Violation Guidelines, without changes to the proposed text as published in the March 27, 2009, issue of the Texas Register (34 TexReg 2671) and will not be republished.
Elsewhere in this issue of the Texas Register, the Board contemporaneously withdraws the emergency amendment to §190.8, which was published in the March 27, 2009, issue of the Texas Register (34 TexReg 2071). The withdrawal becomes effective June 24, 2009, which is the same date this amendment becomes effective.
The Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rule at a meeting held on October 29, 2008. The comments were incorporated into the proposed rule.
The amendment to §190.8 adds an exception to the requirement in paragraph (1)(L) that a physician may only prescribe drugs to a person with whom a proper professional relationship has been established, for the prescription of drugs for a partner of a patient who may have a sexually transmitted disease.
The Board has determined that the amendment to the rule addresses a serious public health issue and is intended to allow physicians to treat persons with sexually transmitted diseases as early as possible or prevent such persons from contracting sexually transmitted diseases from their partners.
The Board received public written comments; however, no one appeared to testify at the public hearing held on May 29, 2009.
The Board received a written comment from one individual with the Corpus Christi Nueces Public Health District. The comment was that nurses would be the actual persons prescribing the medication to the partners of patients with sexually transmitted diseases and therefore be held liable if the persons had adverse side effects to the medications. The Board determined that the prescribing by midlevel practitioners under the amendment would occur through a physician-delegated act under written standing delegation orders so that a physician will retain liability if the protocols are followed.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide authority for the Board to adopt rules and bylaws as necessary to govern its own proceedings, perform its duties, regulate the practice of medicine in this state, enforce this subtitle, and establish rules related to licensure.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 4, 2009.
TRD-200902228
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Effective date: June 24, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 305-7016